BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.12.2025 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI and WMP(MD)No.27476 of 2025 T.Karthic Poobalan ... Petitioner Vs

1. The Government of Tamil Nadu, Rep. by the Principal Secretary to the Government, Department of School Education, Secretariat, St.George Fort, Chennai - 600 0009.

2. The Director, Department of School Education, Directorate of School Education, DPI, Chennai - 600 006.

3. The Chief Educational Officer, O/o.The Chief Educational Officer, Theni District.

4. The District Educational Officer, O/o.The District Educational Officer, Theni District.

5. The Headmaster, Government Higher Secondary School, Odaipatty - 625 540, Theni District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order in Na. Ka. No. 192/2025 dated 13.11.2025 on the file of the Respondent No.5 and to quash the same as illegal and consequentially for a direction, directing the Respondent No. 3 to re-fix the Petitioners pay by taking into account the service rendered by the Petitioner in the post of B.T. Assistant the Sourashtra Higher Secondary School from 30.08.2010 to 26.09.2014 and by protecting the pay last drawn by the Petitioner prior to joining the Respondent No.2 Department and to render all other consequential benefits within the time stipulated by this Court.

For Petitioner : Mr.G.Karthik, for M/s.Roy and Roy Associates For Respondents : Mr.M.Sarangan, Additional Government Pleader

ORDER

The Petitioner is working as a B.T. Assistant in the Government Higher Secondary School, Theppampatty, Theni District. He was recruited through the Teachers' Recruitment Board and by the Proceedings of the Joint Director, School Education Department, dated

25.09.2014. Prior to that, the petitioner served as B.T.Assistant in the Sourashtra Higher Secondary School, a private-aided linguistic minority school, in a sanctioned post from 30.08.2010 to 26.09.2014. By referring the earlier service rendered in the Sourashtra Higher Secondary School, the petitioner has submitted a representation for pay protection and also for conferment of selection grade from the year 2020. However, the petitioner's request was rejected, by a proceedings dated 13.11.2025.

Challenging the same, the present writ petition has been filed.

2. The learned counsel for the petitioner submits that the petitioner was appointed as BT Assistant in the Private Aided Linguistic Minority School in a sanctioned post on 30.08.2010, where, he served as B.T.Assistant till 26.09.2014. Thereafter, he was selected by the Teachers' Recruitment Board in the year 2014. Therefore, he was relieved from the Private Aided School on 26.09.2014 and joined in the Government service in the Government Higher Secondary School, Theppampatty. According to him, the petitioner is entitled for pay protection as per the dictum laid down by this Court in W.A.No.3868 of 2019 dated 16.10.2020. Therefore, he has submitted a representation for re-fixation of his scale of pay and also for providing selection grade, by considering his past services rendered in the private aided school. However, the respondents, without considering the dictum laid down by this Court in W.A.(MD)No.3868 of 2019 dated 16.10.2020, has rejected the petitioner's request. Hence, the petitioner is before this Court.

3. Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents, submits that a Division Bench of this Court, in W.A.No.3868 of 2019, dated 16.10.2020 (The Secretary to State Government and others vs. G.Rufus David), held that the petitioner therein is entitled to proper fixation of pay on the basis of his last pay drawn before his appointment as B.T.Assistant in the Government Service in terms of G.O.Ms.No.367, Education, Science and Technology Department, dated 30.03.1984. However, the learned Senior Judge, who au